Friday, September 25, 2009

Fundamental rights which are involved in the issue of reservation .

The Indian constitution grants its citizens certain inalienable fundamental rights. Unlike any other legal rights, these fundamental rights are protected and enforced by the constitution. It is in effect binding on the state, and protected against invasion by the executive, legislature and judiciary. Article 32 of the constitution allows any citizen of India to approach the Supreme Court if his fundamental rights are violated by the state - in Ambedkar"s words it constituted the heart and soul of the constitution.

The original unaltered fundamental rights which are involved in the issue of reservation are stated below in a chronological order:

Article 14 of the constitution guarantees equality to all "The State shall not deny to any person equality before the law or the equal protection of the laws within territory of India"

Article 15(1): "The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them"

Article 15(2): "equal access to public facilities"

Article 15(3) : "Nothing in the article shall prevent the State from making any special provision for women and children"

Article 16(1) : There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state"

Article 16(2) No citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, resident or any of them be ineligible for or discriminated against in any respect of any employment or office under the State.

Article 16(4) "Nothing in this article shall prevent the State from making any provision for the reservation of posts in favour of any backward class of citizens, which in the opinion of state is not adequately represented in the services under the state"

Article 29[2]: No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of the State funds on ground only of religion, race, caste, language, or any of them.